AWARD MADE DE PRAEMISSIS

Date07 September 2019

"Now it is settled law that costs normally follow the event, unless there are circumstances warranting the contrary. (See Order 62, rule 3 Annual Practice 1969). The award of costs involves a judicial discretion which must be exercised on -fixed principles, that is according to rules of reason and justice, not according to private opinion. (See Sharp v. Wakefield (1891) A.C. 173 at P. 197; Wurno v. U.A.C. Ltd. (1956) 1 F.S.C. 33, at P. 34). Similarly, the exercise of this discretion must not be affected by questions of benevolence or sympathy. (See Kierson. v. Thompson and Sons Ltd. (1913) 1 K.B. 587, at p. 589 and also Bevington v. Perks (1925) 2 K.B. 229, at p. 232). We are satisfied that there is abundant authority in support of the proposition that a successful party in an...

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